Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia

Misdemeanor

1 year

$ 500

Penalty Details

Possession

Possession of up to 8 ounces of marijuana is a Class B misdemeanor, which is punishable by a maximum sentence of 45 days imprisonment and a maximum fine of $250.

Possession of 8 ounces or more of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it. - See Sale or Trafficking for penalties

See

KRS § 218A.050(3)

KRS § 218A.276

KRS § 218A.1421 & .1422

Sale or Trafficking

The sale or trafficking of less than 8 ounces is a Class A misdemeanor for a first offense which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $500.

A second or subsequent offense for trafficking or selling less than 8 ounces of marijuana is a Class D felony, punishable by a sentence of 1-5 years imprisonment and a fine of not more than $10,000.

The sale or trafficking of 8 ounces- less than 5 pounds is a Class D felony which is punishable for a first offense by 1-5 years imprisonment and a fine of $1,000-$10,000. A second of subsequent violation of this section is a Class C felony, punishable by a sentence of 5-10 years imprisonment and a fine of not over $10,000.

The sale or trafficking of 5 pounds or more is a Class C felony which is punishable for a first offense by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000. For a second or subsequent violation of this section, the offender will be guilty of a Class B felony, which is punishable by a sentence of 10-20 years imprisonment.

The sale to a minor is a Class C felony which is punishable by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000.

A subsequent conviction for the sale to a minor is a Class B felony which is punishable by a sentence of 10-20 years imprisonment and a fine of $1,000-$10,000.

The sale within 1,000 yards of a school or park is a felony which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.

See

KRS § 218A.1401 & .1421

KRS §§ 532.020, .060, .090

KRS §§ 534.030 & .040

Cultivation

Cultivation of fewer than 5 plants is a Class A misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. For a second or subsequent offense, the offender will be charged with a Class D felony, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.

Cultivation of 5 plants or more is a Class D felony for a first offense, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000. A second or subsequent offense is a Class C felony which is punishable by 5-10 years imprisonment and a fine of $1,000-$10,000.

See

KRS § 218A.1423

KRS § 532.060 & .090

Hash & Concentrates

Hashish is listed as Schedule I hallucinogenic substance, but is punished exactly the same as marijuana infractions. See the penalties for marijuana above for further details on specific penalties.

See

KRS § 218A.010(21)

KRS § 218A.050(3)

Com. v. McGinnis, 641 S.W.2d 45 (Ky. Ct. App. 1982).

Paraphernalia

Possession of paraphernalia is a Class A misdemeanor which is punishable by a maximum sentence of one year imprisonment and a maximum fine of $500.

See

KRS § 218A.500

Miscellaneous

Prohibited activities

Unless another specific penalty is provided, any person who violates one of the following:

Trafficking in any controlled substance except as authorized by law.

Dispensing, prescribing, distributing, or administering any controlled substance except as authorized by law,

for a first offense, shall be guilty of a Class D felony and a Class C felony for subsequent offenses.
Any person who possesses any controlled substance except as authorized by law shall be guilty of a Class A misdemeanor.

See

KRS § 218A.1404

Firearm

Any person who is convicted of any violation above who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall:

Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or

Be penalized as a Class D felony if the offense would otherwise be a misdemeanor.

See

KRS § 218A.992

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.